Final Order 1

Order Details: Copy of Judgment
Pdf Text: SS No. 769/ 2022 Gangaram Vs. Kishore Judgment (Exh.11) 1 of 6
MHCC010036332020 Suit Lodged on : 24.07.2020
Suit Admitted on : 20.09.2022
Suit Decided on : 29.06.2026
Duration : 05 Y : 11 M : 05 D
Exhibit : 11
City Civil and Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 83 – Summary Court
Summary Suit No. 769 OF 2022
Gangaram Malku Gadge, Age 65 Yrs.,
of Mumbai, an adult Indian Inhabitant,
having his address at Shop No.1, Plot No.198,
Tulja Bhawani Society, Shivneri Nagar,
hingre Wadi, Bail Bazar, Kurla (W),
Mumbai – 400 070.
… Plaintiff.
Versus
Kishore Kannu Solanki,
Age not known of Mumbai, an adult Indian
Inhabitant, working at BMC, ‘L’ Ward,
Conservancy Dept., S.G. Barve Marg, Kurla
West, Mumbai – 400 070.
Worker No.4101091, Paysheet No.6026 AND
R/a. : Room No.2, ‘A’ Block, New Municipal
B.L.B.S. Marg, Near Kurla Garden, Kurla West,
Mumbai – 400 070.
… Defendant.
Appearances :
Plaintiff : Adv. Ramesh Jain.
Defendant : Ex-parte
CORAM : PRASAD P. KULKARNI
COURT ROOM NO. 83.
DATE : 29.06.2026
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SS No. 769/ 2022 Gangaram Vs. Kishore Judgment (Exh.11) 2 of 6
JUDGMENT
(Delivered on this 29th day of June, 2026)
Suit for recovery of amount of Rs.2,99,000/- with interest.
1. Plaintiff sued defendant to recover Rs.2,99,000/- and also
prayed for interest @ 18% per annum on principal amount
Rs.2,00,000/- from the date of filing of the suit till realization of entire
amount.
Facts giving rise to the dispute are as under :
2. As per plaintiff on 07.05.2017, defendant borrowed
Rs.2,00,000/- and executed Demand Promissory Note. Defendant
agreed to pay interest @ 18% p.a. However, defendant failed to make
the payment as agreed. So, plaintiff issued letter dated 20.02.2020 to
defendant. Inspite of receiving the same, amount is not paid. Hence,
this suit is filed.
3. Writ of summons was issued against defendant. Plaintiff filed
service affidavit Exh.02 ON 27.04.2023 before the then Presiding
Officer. Inspite of service of writ of summons, defendant did not appear.
Hence, suit proceeded ex-parte against defendant vide order dated
23.08.2023.
4. In order to prove its case, plaintiff filed his evidence affidavit
at Exh.03 and relied on Promissory Note Exh.05, Notice Exh.06, Money
Lending License Exh.07, Form No.08 Exh.08 and Ledger Exh.09. I have
heard Ld. Advocate for plaintiff.
5. Considering nature of dispute, following points arise for my
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determination and I have recorded my findings for the reasons
discussed as follows:
Sr. Points Findings
1. Does plaintiff prove that defendant on
07.05.2017 executed promissory note
in favour of plaintiff ?
In the Affirmative.
2. Does plaintiff prove that defendant
failed to pay the amount as agreed?
In the Affirmative.
3. Whether plaintiff is entitled to recover
any amount from defendant with
interest? If yes, what would be that
amount and rate of interest?
Plaintiff is entitled to
recover Rs. 2,00,000/-
with 9% interest p.a.
from 20.02.2020 till
realization of entire
amount.
4. What Order and decree? Suit is partly decreed
with costs.
R E A S O N S
Reasons as to Point Nos. 1 to 4
As all points are interconnected with each other, so they are discussed
together as under :-
6. I have gone through evidence affidavit of plaintiff which is at
Exh.03. Said affidavit is nothing but replica of the plaint. Plaintiff
extensively deposed about how defendant executed Demand Promissory
Note Exh.05 after borrowing Rs.2,00,000/-. Plaintiff tendered on record
primary evidence i.e Promissory note vide Exh.05. Said document is self
sufficient which says that defendant on above referred date executed
Promissory Note in favour of plaintiff. Said document is properly signed
by defendant. Plaintiff placed on record Money Lending License Exh.07,
Form No.08 Exh.08 and Ledger Exh.09. Money Lending License is for a
period 01.04.2017 to 31.03.2018. So, transaction date 07.05.2017 is
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covered under said period.
7. As deposed by plaintiff defendant failed to repay amount. For
the very reason plaintiff issued notice/letter Exh.06 on 20.02.2020 to
defendant. Exh.06 is accompanied with postal receipt and
acknowledgment card which establish a fact that defendant received the
notice. Thus, there is no reason to disbelieve oral and documentary
evidence of plaintiff. Despite of having opportunity, defendant failed to
appear in the proceeding and he has not contested the claim on merit.
8. Hence, plaintiff is entitled to recover said amount. So far as
rate of interest is concerned, plaintiff is claiming 18% p.a. which is
exorbitant. Plaintiff issued notice to defendant on 20.02.2020. So
plaintiff is entitled to get the interest from 20.02.2020 till realization of
entire amount. In the facts and circumstances of present case interest @
9% p.a. would be justified.
9. Hence, I answer point Nos.1 and 2 in affirmative and point
No.3 as ‘Plaintiff is entitled to recover Rs. 2,00,000/- with 9%
interest p.a. from 20.02.2020 till realization of entire amount.’ Suit
thus deserves to be partly decreed with costs. As answer to point No.4,
following order is passed :
ORDER
1. Summary Suit No. 769/2022 is partly decreed with costs.
2. Plaintiff is entitled to recover Rs.2,00,000/- (Rs. Two Lakhs
only) from defendant with 9% p.a. from 20.02.2020 till
realization of entire amount.
3. Defendant shall pay above referred amount with interest to
plaintiff within three months from date of this Judgment.
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4. Decree be drawn up accordingly.
5. Judgment is dictated and pronounced in open Court.
6. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the suit, to Record Room.
Mumbai
Dated : 29.06.2026
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.83 - Summary Court,
Mazgaon, Greater Mumbai
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
29.06.2026 4.00 p.m. Manisha Srinath
Stenographer - Grade I
Name of the Judge Prasad. P. Kulkarni
(C.R.NO. 83)
Date of Pronouncement of
Judgment/Order.
29.06.2026
Judgment/order signed by P.O on 29.06.2026
Judgment/order uploaded on 29.06.2026
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